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2002 Supreme(SC) 186

B.P.SINGH, G.B.PATTANAIK, R.P.SETHI
Chandra Kant Tukaram Nikam – Appellant
Versus
Municipal Corporation Of Ahmedabad – Respondent


JUDGMENT

Pattanaik, J.-These appeals are directed against the judgment of the Division Bench of Gujarat High Court in Letters Patent. Appeals filed against a common judgment of a learned Single Judge dated 22nd September, 1990. The workmen of Ahmedabad Municipal Corporation challenged the orders of dismissal/removal from service, by filing a Civil Suit. The City Civil Court framed four issues, one of which is whether the suit is bad for want of jurisdiction. On the said issue it came to the conclusion that the Civil Court had no jurisdiction to entertain and try the suit, accordingly the suit was dismissed. Identical suits filed by different employees against the order of termination having been dismissed by the City Civil Court, individual appeals had been preferred and all those appeals, six in number, stood disposed of by a common judgment of the learned Single Judge of Gujarat High Court. The Single Judge came to the conclusion that the Civil Court will have the jurisdiction to go into the question, as to whether the orders of termination of services were null and void, having been passed by an authority who had no competence to pass the same, but it had no jurisdiction to ex




















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